Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: The central theme of the research project is the Motivation in the judgments issued by the judges of first instance in Ecuador, as a basic and minimum guarantee of the right to due process. In this sense, an analysis is carried out of the judgment issued in Trial No. 02332-2024-00348, heard in the Multicompetent Judicial Unit based in the canton of San Miguel, in order to identify the structure of the legal argumentation that every judicial decision must fulfill, in accordance with the provisions of Article 76, paragraph 7, subparagraph l) of the Constitution of the Republic. Similarly, the Constitutional Court's ruling 1158-17-EP/21 serves as a basis, identifying a typology of motivational deficiencies such as non-existence, insufficiency, and appearance, which are developed from a doctrinal and normative perspective in order to understand the application of this guarantee more thoroughly. To this end, the present research was conducted using the analytical method, which allowed for a scientific study based on logical and empirical experimentation.